KEMBAR78
AVM Submission Form | PDF | Indemnity | Arbitration
0% found this document useful (0 votes)
30 views5 pages

AVM Submission Form

The Submission Agreement grants AVM Productions the right to review and assess materials submitted by the Releasing Party, who confirms ownership of all intellectual property rights related to the submission. The agreement outlines responsibilities, limitations of liability, and conditions for termination, emphasizing that AVM is not obligated to review unsolicited materials. Additionally, it includes clauses on indemnity, governing law, and the relationship between the parties, ensuring compliance with applicable laws.

Uploaded by

teklapractice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
30 views5 pages

AVM Submission Form

The Submission Agreement grants AVM Productions the right to review and assess materials submitted by the Releasing Party, who confirms ownership of all intellectual property rights related to the submission. The agreement outlines responsibilities, limitations of liability, and conditions for termination, emphasizing that AVM is not obligated to review unsolicited materials. Additionally, it includes clauses on indemnity, governing law, and the relationship between the parties, ensuring compliance with applicable laws.

Uploaded by

teklapractice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

SUBMISSION AGREEMENT “Agreement”) and grants to AVM publicity,

and its affiliates and related containing


AVM PRODUCTIONS, a NOW WITNESSETH entities the right and permission Releasing
Partnership Firm, having its to review and assess the Party's name
registered office at AVM Studios 1.DEFINITIONS: submitted materials specified in relating
Compound, 38, Arcot Road, 1.1. Affiliate any entity directly or this Agreement (collectively, the directly or
Vadapalani, Chennai 600 026 , indirectly controlling, controlled “Submission”). indirectly to
(herein after referred to as by, or under common control 2.3. Releasing Releasing
‘AVM”, which expression shall with, the Company or any other Party acknowledges Party's
unless repugnant to the context entity designated by the Board in that Releasing Party is submission to
or meaning thereof, be deemed which the Company or an not disclosing or AVM of the
to mean and include its Affiliate has an interest. submitting any ideas, Material,
successors and assigns); 1.2. Applicable Law shall mean all formats, stories or unless
AND laws, rules, regulations, statutes, other material other approved in
‘Releasing Party’ detailed below, codes, ordinances, case law, than as expressly writing by
which expression shall unless judgments, decrees and consent specified in this AVM.
repugnant to the context or orders, and requests, demands, Agreement and AVM has not 3.2. Releasing
meaning thereof, be deemed to directives or rulings by received and will not review or Party shall
mean and include its successors governmental, assess any ideas, formats, stories not transfer
and assigns); semi/quasigovernmental or or other material not expressly or attempt to
regulatory agencies, applicable to specified in this Agreement. transfer any
AVM and Releasing Party shall, the Parties where they are 2.4. This right,
wherever the context so requires, located or doing business or Agreement replaces privilege, title
be referred to individually as which otherwise apply to the and revokes any and all or interest in
“Party” and jointly as “the Services. previous or to any of
Parties” hereto. 1.3. Business Day mean all days, understandings and the afore
excluding Saturdays, Sundays and agreements between stated things,
Whereas, AVM is into the all days observed by India as legal the parties, whether nor shall
business of Production of Feature holidays. In the event that any oral or written. Releasing
Films, Web Series and OTT date for performance falls on a Party willingly
Content, Originals for Television day other than a business day, 3. RESPONSIBILITIES: permit any
and Allied Services; then performance shall be 3.1. Releasing infringement
postponed until the next Party shall upon the
Whereas, the Releasing Party has business day. 1.4. Intellectual not, exclusive
represented that it is the sole Property means all copyrights, individually rights
and exclusive owner of all trademarks, trade names, or jointly, or granted to
Intellectual Property Rights patents, designs and other forms by any means AVM.
relating to the Story/Concept of of intellectual property now in of press 3.3. Releasing
the Submission mentioned in this existence or made available in agents or Party shall, as
Agreement (Hereinafter referred future relating to the Film/Web publicity or and when
to as series/OTT advertising requested by
“Material(s)”); Original. agencies or AVM, consult
others, with AVM
Whereas, the Releasing party has 2. SCOPE & SUBMISSION: employed or and shall be
agreed to grant AVM and its 2.1. The purpose paid by available for
affiliates and related entities the of this Releasing conferences
exclusive rights and permission to Agreement is to provide certain Party or in person or
review and assess the Materials; exclusive rights relating to the otherwise, by telephone.
and Materials to AVM for reviewing circulate, 3.4. Releasing
and assessing the Materials. 2.2. publish or Party
Whereas, in connection with the For good and valuable otherwise acknowledge
foregoing, parties deem it to be consideration, the receipt and disseminate s that
in their respective best interests sufficiency of which is hereby any news because of
to set forth certain acknowledged, the Releasing stories or AVM's
understandings between them. Party hereby agrees to the terms articles, position in
and conditions set forth in this books or the
Submission Agreement (the other entertainmen
t industry, 3.6. Neither acquired, or full right,
AVM receives AVM’s may power and
numerous consideration hereafter authority to
solicited and of the develop or execute this
unsolicited Materials nor acquire, Agreement
submissions any similar or and to submit
of ideas, subsequent identical the Materials
formats, negotiations ideas and/or in accordance
stories, or regarding the elements. with the
other Materials will 3.7. Releasing terms of this
material. be deemed Party Agreement;
Releasing an admission understands (ii) Releasing
Party by AVM of that Party is the
understands the novelty Releasing sole author
that many of any ideas Party will not of the
such or elements be entitled to Materials and
submissions contained any owns and
are similar to therein, or of compensatio controls all
ideas, the priority n because of right, title
formats, or originality use of any and interest
stories and of the submission in and to the
other Materials. which may be Materials, (iii)
material Releasing similar or the ideas and
developed or Party identical to elements
acquired by acknowledge the comprising
AVM and/or s that AVM Materials. the Materials
otherwise may Releasing are original
available to determine Party to Releasing
AVM, and that it has an acknowledge Party; (iv) the
that AVM independent s that at this Materials are
may have legal right to time AVM free from any
already use any ideas has no intent lien, charges,
developed or and/or to third party
acquired, or elements compensate interests or
may in the contained in Releasing encumbrance
future the Materials Party in any s; and (v) the
develop or without any way in Materials
acquire, obligation to connection does not
formats, Releasing with the contain any
stories or Party Materials, confidential
other whatsoever and Releasing information
material because such Party has no or any
which may be ideas and/or expectation information
similar or elements are of receiving or material
identical to not new or any which
the Material. novel, are not compensatio Releasing
3.5. AVM has no reduced to a n in Party is not
obligation to concrete connection entitled to
review, form, were with the disclose or
assess, utilize not Materials. submit to
or exploit the originated by 3.8. Releasing AVM. 3.9.
Materials. Releasing Party Releasing
AVM reserves Party, and/or represents Party shall
the right to because AVM and warrants not disclose
accept or may have that (i) to any third
reject the already Releasing party any
Materials in its sole discretion. developed or Party has the non-public
information rights or 4.2. In the event confirmed by
regarding obligations that AVM postage,
AVM, its under this notifies the prepaid
parents, Agreement. Receiving registered air
affiliates, 3.11. To the maximum extent Party in mail or by
employees, permitted by applicable law, writing that it recognized
and Releasing party’s right and accepts the courier
contractors, remedies arising out of Materials Material, this service, in
including, shall be limited to those provided Agreement the manner
without under the Indian Copyright Act, shall as elected by
limitation, 1957 (as amended), except automatically the Party
the terms of Releasing Party waives any right be extended giving such
this to seek or obtain injunctive relief. from the date notice to the
Agreement, For the avoidance of doubt, of addresses
AVM’s Releasing Party waives and notification given in this
strategies, releases all claims under any for a further agreement.
development other legal theory (including, period of One 6.1.2. Bot
plans and/or without limitation, claims based (1) year for h parties will
business on implied contract or unjust the parties to duly notify
operations. enrichment theories) arising from come into the other of
3.10. this Agreement and/or Releasing commercial any change in
Releasing party’s Materials to AVM. 3.12. understandin their
Party has The Releasing Party agrees and g and enter respective
retained at warrants that all material into addresses.
least one submitted by it to AVM is wholly Definitive 6.1.3. No
copy or original and is not an adaptation Agreements. amendment
duplicate of of any other person’s copyright, to this
the nor an adaptation of any other 5. TERMINATION: AVM present
Materials. cinematography or story in any may for any reason or agreement
AVM will not format and it does not infringe for no reason terminate will be
be upon or violate any copyright. the Agreement upon effective
responsible providing 15 days unless
for any 4. TERM: written notice to the reduced to
inadvertent 4.1. This Releasing Party. writing and
loss of, or Agreement signed by
damage or shall 6. GENERAL both the
destruction commence COMPLIANCE: parties or
to, the from the 6.1. NOTICES their
Materials. Effective date authorized
AVM is not below AND representativ
required to written and AMENDMENTS: es.
return or shall be for a 6.1.1. Any 6.2. FORCE
destroy the period of One notice and MAJEURE. If
Materials. (1) year from other either party
Releasing the date or communicati shall be
Party until AVM (in ons provided prevented
understands its sole for in this from
that AVM's discretion) in Agreement performing
act of writing shall be in any portion
returning or notifies the writing and of this
destroying Receiving shall be first Agreement
the Materials Party that it transmitted by causes
will not rejects the by email, beyond its
terminate Material, telex, cable control,
this whichever is or facsimile including Act
Agreement or earlier. transmission of God,
affect any and then accident,
earthquake, whether or not in connection Party shall not at any time Parties shall recognize and
fire, lockout, with litigation) arising out of or in disclose or use, directly or respect as final and binding. Any
terrorism, connection with a breach by indirectly, any Proprietary such arbitration proceeding shall
strike or Releasing Party of any warranties, Information of which the be held in English language and
other official representations, undertakings, Releasing Party gains knowledge in Chennai.
labour covenants, or agreements during or by reason of this 6.11. ENTIRE AGREEMENT:
dispute, contained in this Agreement. 6.4. Agreement and the Releasing This Agreement constitutes the
union LIMITED LIABILITY: To the fullest Party shall retain all such entire agreement and supersedes
problem, war, extent permitted by applicable information in trust in a fiduciary all other prior agreements and
curfew, riot law, Releasing Party waives all capacity for the sole use and understandings, both written and
or civil claims against AVM and its benefit of AVM. oral, between the parties with
commotion, affiliates, producers, distributors, 6.8. SEVERABILITY: If any part or respect to the subject matter
such or financiers for indirect, parts of this Agreement shall be hereof. It may be modified only
defaulting incidental, punitive, and held unenforceable for any by writing signed by the party to
party shall be consequential damages. reason, the remainder of this be charged or by an authorized
excused from Releasing Party waives all claims Agreement shall continue in full agent thereof and shall not be
performance to damages of any kind arising force and effect. If any provision assigned by operation of law or
for the period from this agreement under any of this Agreement is deemed otherwise;
of the delay theory of liability in excess of Rs. invalid or unenforceable by any 6.12. COUNTERPARTS: This
and for a 1,00,000/- (Rupees One Lakh court of competent jurisdiction, Agreement may be executed in
reasonable Only) and the aggregate liability and if limiting such provision several counterparts, each of
time of AVM for such damages will not would make the Agreement valid, which shall constitute an original
thereafter. exceed Rs. 1,00,000/- (Rupees then such provision shall be and all of which, when taken
6.3. INDEMNITY: One Lakh Only). deemed to be construed as so together, shall constitute one
The 6.5. The Parties agree that they limited. Agreement.
Releasing Party hereby agrees to shall, in the performance of this 6.9. GOVERNING LAW AND 6.13. RELATIONSHIP:
indemnify AVM against any claim Agreement, comply with all legal JURISDICTION: This Agreement Nothing herein contained shall be
by any Third Party in respect of and regulatory requirements as shall be governed and construed construed to create a
the Copyrights of the Material. may be applicable from time to in accordance with the laws of partnership, joint venture,
Releasing Party agrees to defend, time. India and shall be subject to the association of persons, agency, or
indemnify and hold AVM, its 6.6. The Releasing Party agree to exclusive jurisdiction of the employment agreement between
affiliates and related entities, and do all things (including the courts at Chennai. the Parties hereto.
the officers, directors, execution of documents) which 6.10. DISPUTE RESOLUTION:
shareholders, employees, AVM considers reasonably Any and all disputes arising under
partners, agents, licensees and necessary in order to effect this this Agreement shall be referred
assigns of all the foregoing, Agreement and the transactions to arbitration and settled under
harmless from and against any contemplated by this Agreement. the Indian Arbitration and
liability, claim, cost, damage, or 6.7. Except as authorized in Conciliation Act, 1996 by a single
expense (including costs and writing by AVM, the Releasing arbitrator, whose decision the
reasonable attorneys(s) fees,

Date of Submission : Concept Title:

Details of Materials Submitted:

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the Effective Date mentioned hereinabove:

Effective Date of this Agreement Details of Releasing Party

Releasing Party Name

Address
Type of Entity

FOR AVM PRODUCTIONS FOR RELEASING PARTY

Name of Authorized Signatory Name of Authorized Signatory

Designation Designation

Signature Signature

You might also like